Mark Miller

Senior Attorney Florida

Mark Miller is a PLF Senior Attorney and manages PLF’s Florida office in Palm Beach Gardens. Mark’s work on behalf of property rights, the First Amendment, and our other constitutional rights has been featured by CBS This Morning, Fox & Friends, and The View, and covered in the pages of The Wall Street Journal and on the airwaves of National Public Radio (NPR).

An expert in appellate practice, Thomson Reuters lists Mark as a Florida SuperLawyer, Florida Trend Magazine has described him as a member of Florida’s Legal Elite, and Martindale-Hubbell awarded him its AV-Preeminent rating, its highest rating. He recently joined the Board of Directors for Americans United for Life, and The Florida Bar appointed him to the Board of Directors for Florida Rural Legal Services, Inc. Mark is both a James Madison Institute senior fellow and a Federalist Society expert and approved speaker. He also serves on the Board of Directors for the Martin County Legal Aid Society and Florida’s Fourth District Court of Appeal Historical Society, and he is a past president of the Martin County Bar Association. In 2018, Florida Governor Rick Scott appointed him to serve a four-year term as a member of Florida’s Fourth District Court of Appeal Judicial Nominating Commission.

Mark learned to fight for justice from his two grandfathers: one fought under General George S. Patton in World War II, and the other graduated from NYU Law in the early 1920s. Both men taught Mark to believe in the greatness of our country but also to keep its government honest; that is what he has done throughout his career and does now as a member of the PLF team.

He attended college and law school at the University of Florida, earning both diplomas with Honors. He elbow clerked for U.S. District Judge Henry Lee Adams, Jr., of the Middle District of Florida and Emerson R. Thompson, Jr., of Florida’s Fifth District Court of Appeal. Mark has represented clients before local zoning boards and through every court level up to and including the Supreme Court of the United States. He served as co-counsel and second chair before the High Court in United States Army Corps of Engineers v. Hawkes Co., one of our recent wins before the Court.

Gundy v. United States

Congress must do its own job—make laws

The Constitution gives Congress the power to make laws, but not to delegate that power to the Executive Branch. Doing so allows unelected, unaccountable bureaucrats to make rules in violation of the Non-Delegation doctrine. In Gundy, the U.S. Supreme Court will review whether Congress violated the Non-Delegation doctrine by empowering the Attorney ...

Pacetta, LLC v. The Town of Ponce Inlet

Asking the Supreme Court to revive property rights protections

Urged by the town of Ponce Inlet, Florida, Lyder and Simone Johnson bought a number of land parcels and planned a new development through their business, Pacetta, LLC. Town leaders wanted the development so badly, they began revamping the town’s comprehensive land use plan, which would not have allowed the project at the time. But after an el ...

American Federation of Aviculture v. U.S. Fish and Wildlife Service

Thriving golden parakeets no longer need Endangered Species Act protection

Thanks to the efforts of private breeders, the golden parakeet is no longer threatened with extinction. Although the federal government acknowledges the bird’s tenfold increase in numbers, it has refused to comply with a law that requires it to make a final decision to delist or downlist the parakeet within 12 months of that finding. On behal ...

Weyerhaeuser/Markle v. U.S. Fish and Wildlife Service

Supreme Court hears “phantom frog” case

As a child, Edward Poitevent’s family cut down Christmas trees on their lumber-rich land in Louisiana, and one day he’d like to leave the property to his own children. But federal bureaucrats jeopardized his legacy when they declared nearly 1,500 acres of his family’s private land as a critical habitat for the dusky gopher frog— ...

Ganson v. City of Marathon, Florida

Florida decides couple’s land is for the birds

The Beyer family owns a 9-acre island off the Florida coast that was reclassified from a general zoning designation to a bird rookery that permitted no use of the property other than temporary camping. Instead of offering compensation for this taking of property, as required by the Fifth Amendment, the city offered the Beyers only transferable deve ...

Krause v. School Board of Indian River County, Florida

Florida student teaches school a lesson about free speech

In May of his junior year at Vero Beach High School, J.P. Krause was on the verge of winning the senior class president election when he gave an impromptu campaign speech in his AP U.S. History class, with his teacher’s permission. The 90-second humorous speech skewered some of the tropes of the Trump campaign – “my opponent will rais ...

Latest Posts

See All Posts
December 03, 2018

The Advocate’s take on gopher frog case misses mark

Originally published by The Advocate, December 3, 2018. The Advocate's Nov. 28 analysis of the recent unanimous Supreme Court decision in the St. Tammany Parrish private property rights dispute comes close but misses the mark. The editors, unfortunately, put the emphasis on a frog that does not even live in Louisiana while failing to properly ...

November 28, 2018

Edward Poitevent’s victory at Supreme Court is a win for property rights and government accountability

This article will appear in the upcoming issue of Sword&Scales, PLF’s quarterly magazine. Sign up to receive the magazine here. The U.S. Supreme Court delivered a major victory for PLF client Edward Poitevent on November 27 in the case of Weyerhaeuser v. U.S. Fish and Wildlife Service,the infamous "phantom frog" case, involving the feds' ...

October 25, 2018

This road to the Supreme Court goes through the U-P

This week Pacific Legal Foundation filed its latest Petition for Writ of Certiorari at the Supreme Court challenging agency overreach in a case known as Marquette County Road Commission v. EPA. In this case, we take on the EPA’s 2012 decision to veto a road project in Michigan that would have improved the economy and ...

October 22, 2018

Supreme Court given another opportunity to rein in regulatory state

Originally published by The Hill, October 22, 2018. Federal courts have taken welcome steps in recent years to rein in the runaway regulatory state. Too often executive agencies charged with applying the laws as written by Congress have done so in ways unsupported by the text of those laws. In response, the courts have stepped ...

October 08, 2018

Justice Kavanaugh and the path of the law

Over the the last several months, I repeatedly have been asked what a Justice Kavanaugh would mean both for PLF cases specifically and the law in general. Now that the possibility has become reality, let’s consider the answers to those questions and a few other questions posed by his recent Senate confirmation. Perhaps most important ...

October 02, 2018

Eight justices consider a shy frog & the meaning of habitat

This week to start its new term the Supreme Court heard argument on Pacific Legal Foundation’s case popularly-known as Weyerhaeuser Co. v. U.S. Fish & Wildlife Service. I say popularly-known because although the case involves the large timber company Weyerhaeuser, at bottom the case speaks to how our client Edward Poitevent and his family ...